Workplace Law Report Index-Summary

PAPER, ALLIED-INDUSTRIAL, CHEMICAL, AND ENERGY EMPLOYEES (PACE)

– Raybestos Prods., firing for suspected FMLA leave abuse lawful, second job violated pact, LMRA claim rejected (7th Cir.), 1023

PART-TIME EMPLOYEES

– Fraudulent misrepresentation, part-time worker fired after inquiring into promised full-time benefits showed inducement, reliance, suit advances (D. Hawaii), 849
– Overtime, exempt salaried employees' pay requirement is $455 per week, prorating to reflect reduced hours barred, Wage and Hour Op. Letter, 354

PAY EQUITY

– Cal., paycheck rule bill vetoed, 1321
– Fair Pay Act

See LEGISLATION, FEDERAL, S 2945

– Fair Pay Restoration Act

See LEGISLATION, FEDERAL, S 1843

– Food City, national origin, Hispanic workers' bid for class certification on pay bias claims revived (9th Cir.), 1051
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 1338, S 766

– Race bias in pay class claims, standing, time bar affirmed (9th Cir.), 368
– Sex bias, arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028

PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

PDA

See PREGNANCY DISCRIMINATION ACT (PDA)

PENALTIES

– ADA, fees and sanction properly denied, “false memory syndrome” claim dubious but not frivolous (3d Cir.), 149
– Cal. paycheck law violated by failure to name in-state cashing facility, but no statutory penalty where out-of-state check cashed without delay or expense (N.D. Cal.), 12
– EBSA annual reports, delinquent filing fines, online payment, In Brief, 1283
– Enron settlement funds misallocated, DOL seeks civil contempt sanctions against consultants (S.D. Texas), 218
– Imperial Sugar, fatal refinery explosion, OSHA proposes $8.8M in fines, 1062
– Independent contractor misclassifications, IRS assessments, FedEx SEC filing discloses $319M fine for violations, 50
– Safety and health

– – Beverly Healthcare-Hillview, OSHA citations upheld, notice was fair, travel, treatment time related to bloodborne pathogens standard compensable (3d Cir.), 1226
– – Blue Ridge Erectors, fall protection, OSHRC willful violations ruling upheld (3d Cir.), 124
– – Child Labor Safety Act

See LEGISLATION, FEDERAL, HR 6861

– – Excel Energy Cabin Creek hydroelectric plant, $1M in OSHA fines proposed for violations leading to fatal tunnel fire, 444
– – John Carlo, imputed knowledge of OSH Act breach, OSHRC order upheld on excavation contractor's willful trenching standard violations (U.S., rev den), 265
– – United Airlines (UAL), numerous OSHA violations at O'Hare trigger over $250K in fines, 634

– Taxpayer Responsibility, Accountability, and Consistency Act

See LEGISLATION, FEDERAL, HR 5804

– 10K Run for the Border Act

See LEGISLATION, FEDERAL, HR 5706

– Undocumented workers, enforcement onus shifts to employers as immigration, labor, criminal laws collide, attorneys critique methods, 1258

PENNSYLVANIA

– Coal mine safety law updated, overview, 985
– Domestic services exemption, home health care agency's challenge to state minimum wage, overtime requirement rejected (Pa. Commw. Ct.), 1217
– Hostile environment claim fails for attorney whose “shocking” language, conduct was contributing factor (3d Cir.), 1245
– Independent contractor misclassifications, improper tax deductions, IRS regulations preempt state law claims (3d Cir.), 1243
– Labor disputes, public sector appeals process standardized under new law, In Brief, 1041
– Mandatory arbitration, unconscionability ruling reversed, but lawsuit over rights to employee's trading model could have been waiver if prejudicial, remanded (3d Cir.), 527
– Overtime

– – Children's Servs., truancy protection case manager exempt professional despite lack of advanced degree (E.D. Pa.), 799
– – Donning and doffing, LMRA bars Pa. claims, but FLSA claims not tied to pact may proceed (W.D. Pa.), 658
– – FLSA collective action approved, but parallel Pa. class action would undermine intent, rejected (M.D. Pa.), 290

– Sexual harassment, no private right of action against private employer under state equal rights law, dismissal upheld (Pa. Super. Ct.), 1336
– State actions summary, 319; 703; 1200
– Unemployment compensation, machinist fired for napping during meal period properly denied UI benefits (Pa. Commw. Ct.), 961
– Whistleblowing auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 1377

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Appeals process for benefit decisions, determinations clarified in final rule, changes summarized, 973
– Bankruptcy, plan termination, proposed rule would drop guarantee on benefits earned after filing, overview, 942
– Downsizing, liability for facility shutdowns, agency steps up enforcement of final rule, 672
– Investment policy for agency shifts to long-term goals, diversification, Director Millard explains, BNA Interview, 256
– Investment policy, oversight questioned by GAO, Senators back risk report, 1169
– N.J., public employees benefits, cost-saving reforms enacted, In Brief, 1323

PENSION PROTECTION ACT (PPA)

– Asset smoothing, technical corrections bill

See LEGISLATION, FEDERAL, HR 6143

– Asset smoothing, technical corrections bills

See LEGISLATION, FEDERAL, HR 6382

– Bankruptcy, plan termination, proposed PBGC rule would drop guarantee on benefits earned after filing, overview, 942
– Cash balance plans, tax treatment, IRS releases proposed regulations, overview, 24
– ERISA, tax treatment, IRS releases proposed regulations, overview, 24
– Prohibited transactions, eligible investment advice arrangement (EIAA) offers limited exemption for 401(k) plans, IRAs, EBSA proposed rule offers guidance, 1196; DOL to complete proposal this year, hearing report, 1407
– Retroactivity rejected, cash balance plan's failure to use whipsaw calculation for pre-PPA lump-sum distributions violated ERISA (U.S., brief sought), 812

PENSIONS

– Arbitration required under CBA for unilateral decision to bar new hires from defined benefit plan (D. Del.), 608
– Cash balance plans

See CASH BALANCE PLANS

– Early retirement

See EARLY RETIREMENT

– Enron settlement funds misallocated, DOL seeks civil contempt sanctions against consultants (S.D. Texas), 218
– ERISA

See ERISA

– Information sharing, DOL, SEC sign memorandum of understanding (MOU) to formalize, overview, 1063
– PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Pregnancy bias, workers denied service credits based on calculations using pre-PDA system entitled to summary judgment (U.S., brief sought), 136; review urged (U.S., brief filed), 735; (rev grant), 915; status discussed, 1329

PERFORMANCE EVALUATIONS

– Medical review, state privilege protecting physician performance assessments does not apply in federal job bias cases (U.S., rev den), 61

PETROLEUM

See OIL AND GAS

PHARMACEUTICAL INDUSTRY

– Abbott Labs., ERISA, class claim that Hospira spinoff deprived transferred workers of benefits advances (N.D. Ill.), 1006
– Bristol-Myers Squibb, overtime, promotional reps probably exempt as administrative employees, but not as outside salespersons (S.D.N.Y), 838
– Cephalon, whistleblowing auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 1377
– Eli Lilly, overtime, misclassification, notice of sales representatives' FLSA collective action preliminarily approved (S.D. Ind.), 289
– Gilead Sciences, FMLA liability based in contract, promissory estoppel claim revived for claimant who relied on handbook promise, letters, but was deemed ineligible under 50/75 rule (7th Cir.), 991
– Overtime lawsuits, drug sales reps raise novel 849.1 FLSA outside sales exemption, application to white-collar workers, Special Report, 445
– Roche Labs, overtime, sales rep meets Cal. outside sales exemption despite no direct selling (C.D. Cal.), 42
– Wyeth Pharms., SOX, fired training director shows no basis for reasonable belief in securities violation, evidence a “chain of speculation” (4th Cir.), 437

PHARMACIES

– American Drug Stores, failure to pay final wages by deadline, $15M settles state law class claims (Cal. Sup. Ct.), 766
– Mobile Infirmary, race bias, retaliation, black pharmacist fired after objecting to supervisor's 'slave driver' screen saver may sue (S.D. Ala.), 433
– Religious bias, contraception, Wash. rule barring pharmacists from refusing to dispense “morning after” pill temporarily enjoined, stay pending appeal denied (9th Cir.), 627
– Wal-Mart Stores, overtime, opt-in collective action, 2 of 573 pharmacists can sue over effects of salary fluctuations (10th Cir.), 1367

PHYSICIANS

– Conscience laws, federal laws bar bias against health care workers with religious or moral objections, comment sought on proposed rule to promote awareness, compliance, 1195; attorneys general in 13 states call on HHS to scrap “right of conscience” rule, 1282; HHS issued rule improperly, without EEOC consultation, Waxman (D-Cal) says, 1443
– Medical review, state privilege protecting physician performance assessments does not apply in federal job bias cases (U.S., rev den), 61
– Racial harassment, sexual orientation bias, black, bisexual plastic surgeons' claim not covered under §1981 (9th Cir.), 248; rehearing granted on harassment claim (9th Cir.), 1054
– Sex bias, retaliation, VA doctor's promotion claim rejected for failure to exhaust EEOC remedies (1st Cir.), 184
– Ventura Urgent Care Ctr. Med. Grp., wrongful termination, enforcement of expired arbitration agreement denied (Cal. Ct. App.), 503

PICKETING

– Free speech, content-based restrictions, mall ban on union picketing, handbilling violates Cal. constitution, NLRA (9th Cir.), 1188
– N.Y., Buffalo Trades Council abandons use of inflatable rat, seeks more cooperative image, 1273
– NLRA bars interference with non-employee union members' rally on casino-owned sidewalk (U.S., rev den), 415
– Northeast Auto-Marine Terminal, no legal bar on ILA action at facility slated for shutdown, but protest at executive's home enjoined (D.N.J.), 1002

PILOTS

– Airline Flight Crew Technical Corrections Act

See LEGISLATION, FEDERAL, HR 2744

PLANT CLOSINGS

– Bosch Auto. Sys., no ERISA remedy for deprivation of plant closure benefits, impermissible “instatement” order reversed (U.S., rev den), 947
– Downsizing, liability for facility shutdowns, PBGC steps up enforcement of final rule, 672
– N.J. governor enacts law requiring 60 days' prior notice, 64
– N.Y. WARN Act, 90 days' notice required for mass layoff, plant closing, relocation, 1172
– Notice

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

POLITICAL ACTIVITIES

– Discipline charges, NLRB guidance pending, 809
– Free speech, school board's political button ban upheld, but campaign postings on teacher boards, mailboxes lawful (S.D.N.Y.), 1438
– Freedom of speech, Idaho prohibition on local government employees' political payroll deductions violates 1st Amend. (U.S., rev grant), 1329
– Legal limits on workplace political expression, attorneys review federal and state laws, federal election laws, rules for tax-exempt employers, Analysis & Perspective, 196
– NLRA protection, NLRB issues guidelines defining qualified political advocacy activities, 1030
– Supreme Court labor docket, 2008-2009 term opens, 1329
– ULPs involving political activities, NLRB to issue case handling guidance, Meisburg reviews 2-part analysis, 304
– Voting leave specifics vary widely under state laws, comparison chart, Special Report, 1445

PORTAL-TO-PORTAL ACT

– Nuclear power plant workers not entitled to pay for time spent going through security or putting on gear (U.S., rev den), 811
– Personal use of employer vehicle, federal law enforcement officer's commutes in government-owned vehicles not compensable under FLSA (U.S., rev den), 60
– Statutory changes, court rulings trigger DOL proposed rule to align regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408

POSTAL SERVICE (USPS)

– ADEA retaliation, whether cause of action available to federal employees at issue (U.S., oral arg), 237; protection same as private sector, worker harassed after bias complaint has viable claim (rev), 731; text, 748
– FMLA, certification submitted past USPS deadline, failure to show FLSA-defined “willful” violation triggered 2-year filing window, claim time-barred (10th Cir.), 559
– Mail carrier's “mental incapacity” not severe enough to toll 45-day window for EEO counseling, 3-year lapse unjustified (8th Cir.), 339
– Rehabilitation Act, mail handler's dust allergy was a temporary condition triggered by work environment, not a disability subject to permanent accommodation (7th Cir.), 499

POSTAL WORKERS (APWU)

– Mail Contractors of Am. (MCA), no ULP in bulk mail contractor's unilateral shift of transportation “relay point” following impasse, during strike (D.C. Cir.), 188

POULTRY PROCESSING

– Cagle Foods, clothes changing, absent custom, practice under pact, no FLSA duty to pay union workers for time spent donning, doffing safety gear (U.S., rev den), 811
– Gold 'n Plump Poultry, donning, doffing, $1.2M settles FLSA, Minn., Wis. class claims, preliminarily approved (D. Minn.), 243
– Tyson Foods

– – Donning, doffing, intervention in FLSA suit denied where varied pay policies diminish likelihood of precedential effect (11th Cir.), 398
– – Jury instructions improper, donning, doffing exertion not a requirement for “work” under FLSA, new trial ordered (U.S., rev den), 811
– – RICO class claims dismissed, no evidence that illegal hiring depressed wages (E.D. Tenn.), 253

PPE (PERSONAL PROTECTIVE EQUIPMENT)

See EQUIPMENT AND TOOLS

PREEMPTION

– ERISA

– – Am. Maritime Officers (AMO) Union, whistleblower's retaliatory firing claim barred, but not claim of union interference (Fla. Dist. Ct. App.), 607
– – Benefits avoidance, insurance agents suing under ERISA and non-ERISA plans may proceed with contract claim through liability phase, but suit for damages may be barred (N.D. Ill.), 474
– – Conversion policy elected and maintained by single employee when business closed not an ERISA governed plan, benefits claim may proceed (E.D. La.), 697
– – Long-term benefits, state law claim over misrepresentation of eligibility barred (1st Cir.), 911
– – Mich., no bar on apprentice law's ratio, equivalency requirements, 1992 injunction lifted (6th Cir.), 1254
– – Retaliation, software engineer's claim that Cal. bias suit triggered benefits denial barred (N.D. Cal.), 1167
– – San Francisco ordinance requires employers to pay for worker health coverage, city, county, intervenor unions seek emergency stay of preemption ruling (9th Cir.), 21; ordinance enforceable pending outcome of ERISA challenge, 64; DOL claims ERISA preemption, seeks reinstatement of injunction (9th Cir.), 505; enrollments, program status, employer perspectives discussed, 676; ordinance not governed by or related to ERISA, no preemption (9th Cir.), 1301
– – Unsafe workplace, injured employee's state law negligence claim viable independent of ERISA, not barred (5th Cir.), 124
– – Wachovia Sec., breach of contract, promissory estoppel claims related to disability benefits barred, others viable (D. Minn.), 439

– FAA, Cal. Talent Agencies Act provides commissioner with exclusive jurisdiction over fees dispute, but arbitration pact may override (U.S., oral arg), 93; signed accord controls, FAA supersedes Cal. law (rev), 259; text, 270
– FELA, asbestos liability, “procedural” nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
– Immigration

– – INA no bar to FLSA enforcement, fees charged to H-2B workers reduced wages below minimum (E.D. Pa.), 44
– – IRCA

– – – Enforcement of Okla. law E-Verify provision blocked, preemption “substantially likely” (W.D. Okla.), 763
– – – Legal Arizona Workers Act, licensing law valid, no bar (9th Cir.), 1280
– – – Undocumented workers not barred from suing for prevailing wages on Cal. public works jobs (U.S., rev den), 264

– – State court should rule on subpoenas in probe of N.Y. labor code violations against H-2B workers, remanded (S.D.N.Y.), 1316

– IRS regulations preempt Pa. law claims alleging independent contractor misclassifications, improper tax deductions (3d Cir.), 1243
– LMRA

– – Auto plant shooting spree case remanded to state court, no bar on Ohio negligence claims not based on CBA (6th Cir.), 502
– – CBA violations, common law breach of contract claim preempted and treated as §301 claim, but local statute governs timeliness (D.C. Cir.), 469
– – Ohio tort claims for nondisclosure of lung test results remanded on jurisdictional grounds, no pact interpretation required (6th Cir.), 683
– – U.S. Steel, donning and doffing, §301 bars Pa. claims, but FLSA claims not tied to pact may proceed (W.D. Pa.), 658

– NLRA

– – Labor neutrality, employers urge justices to rule that Cal. law preempted (U.S., oral arg), 395; preempted, state-funded employers' non-coercive speech lawful (U.S., rev, rem), 832; text, 886
– – Mass. claims preempted, but nonunion steel erectors' challenge to IW job targeting fund revived (1st. Cir.), 1089

– Overtime, field preemption bars Ill. law claim against interstate rail line, RLA issue unripe (7th Cir.), 1216
– RICO, pattern of activity shown, suit alleging scheme to deny workers' comp benefits reinstated, Mich. law no bar (6th Cir.), 1435
– Seaman's Protection Act, Jones Act no bar to deckhand's common law retaliatory discharge claims (7th Cir.), 119

PREFERENCES

– Hiring, race bias, time-barred claims against city accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156

PREGNANCY DISCRIMINATION

– Florida

– – Broward County bans bias, In Brief, 302
– – Statutory sex bias ban does not cover pregnancy bias, fired dietitian has no claim (M.D. Fla.), 905

– Ohio, fired flight attendant's claim rejected (6th Cir.), 75; (U.S., rev den), 1351

PREGNANCY DISCRIMINATION ACT (PDA)

– Abortion bias prohibited, fired worker's retaliation claim revived (3d Cir.), 770
– Anniversary, conferees examines state of PDA at 30-year mark, past and future legal issues, record high EEOC filings in FY2007, 10-year study, 1447
– Arbitration required where claims reference partnership agreement evidencing broad intent to arbitrate (6th Cir.), 937
– Infertility treatments protected gender-specific activity, claim revived for woman fired after beginning in vitro fertilization (7th Cir.), 1024
– Pensions, workers denied service credits based on calculations using pre-PDA system entitled to summary judgment (U.S., brief sought), 136; review urged (U.S., brief filed), 735; (rev grant), 915; status discussed, 1329
– Supreme Court labor docket, oral arguments heard in two cases, pending in four others as 2008-2009 term opens, 1329

PRELIMINARY AND POSTLIMINARY ACTIVITIES

– Tyson Foods, donning and doffing, appeal of denial of summary judgment premature, injunction not modified (10th Cir.), 1084

PREMIUM PAY

– Holiday work at premium pay does not entitle claimant to overtime for same week (Cal. Ct. App.), 798

PREVAILING WAGES

– Cal., undocumented workers may sue under state law for failure to pay on public works jobs already performed, IRCA no bar (U.S., rev den), 264
– Del. measure enacted, In Brief, 228
– Fraud, two contractors plead guilty to underpayment on St. Louis sewer project (E.D. Mo.), 995
– N.J., public utility projects, bill enacted, 99
– New York

– – ERISA, criminal trial set for attorney who devised fringe benefits fund allowing N.Y. contractors to evade state, federal laws (E.D.N.Y.), 1278
– – Public works measure covers labor, recordkeeping rules, felony violations, enacted, 301

– Ohio, governor issues guidelines on covered jobs, builders, unions comment, 1323

PRISONS

See CORRECTIONAL FACILITIES

PRIVACY

– Blogs, networking sites, web videos now generate many privacy disputes, speakers explore altered landscape, 1038
– Breastfeeding at work, firm fined $4K for lack of lactation accommodation under Cal. law, 921
– Caltech Jet Propulsion Lab. (JPL), background checks enjoined for low-level NASA contractors due to constitutional concerns (9th Cir.), 85
– Cameras hidden in office-locker room, principal not immune from gym teachers' claims (E.D. Mich.), 567
– Data security survey finds some IT professionals cannot resist snooping, password policies discussed, 931
– Day laborers, preliminary injunction barring release of registered employers' personal data upheld, writ denied (Cal. Ct. App.), 23
– DPPA

See DRIVER'S PRIVACY PROTECTION ACT (DPPA)

– Drug activities, expectation lacking, claims rejected for Ford workers fired after plant sting operation (W.D. Ky.), 846
– Employee Changing Room Privacy Act (ECRPA)

See LEGISLATION, FEDERAL, HR 5228

– Employment histories not consumer reports under FCRA, truckers have no claim over non-consensual use, sale of data (10th Cir.), 1179
– Grievances, appeals, disciplinary actions exempt from Privacy Act disclosure under DHS proposed exception, 1406
– Internet use, employer monitoring, blocking, dismissals on the rise, 2007 survey says, 335
– Medical inquiry, rule conditioning sick leave on submission of doctor's note to supervisor triggers preliminary injunction (S.D. Ohio), 963; 1221
– Missouri bans forced identity chip implants, 984
– Monitoring, forensic search of company-owned laptop, personal e-mails prior to termination lawful despite employee's option to buy (S.D. Cal.), 438
– Reasonable expectation, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation (9th Cir.), 909; attorneys analyze effect of ruling on employee monitoring policies, best practices, 975; electronic communications policies, review advised, ruling widens standard of reasonable expectation as to company-provided tools, 1039

PRIVACY ACT

– DOL, black lung claimant denied attorneys' fees in challenge to Social Security number disclosure (4th Cir.), 51
– VA physician lawfully disclosed claimant's HIV, marijuana use to union representative, personal knowledge key factor (8th Cir.), 378

PRIVILEGE

– Medical review, state law privilege protecting physician performance assessments does not apply in federal job bias cases (U.S., rev den), 61
– Work product, report made in anticipation of litigation, disclosure to EEOC no waiver, discovery barred (S.D.N.Y.), 933
– Work product, UFCW locals entitled to some data on fraudulent rehiring during 2003-2004 grocery lockout, but hiring audit protected (NLRB), 294

PRODUCTIVITY

– Workforce development benefits outweigh costs, low earnings of untrained reflect lost productivity, House witnesses urge more investment, 300

PROMOTIONS

– ADEA, manager's yawn during interview not proof of hidden bias (1st. Cir.), 839
– Race bias, attorneys' fees far exceeding $30K won by white claimant affirmed, no abuse of discretion (U.S., rev den), 918
– Religious bias, Fellowship of Friends members allegedly favored for advancement, Kelly Servs. will appeal ruling favoring non-member denied promotion (E.D. Cal.), 531; jury verdict upheld but punitive damages nine times compensatory award reduced (E.D. Cal.), 1086
– Sex bias

– – Arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028
– – Mother of 4 young children passed over in favor of woman with older children has no stereotyping claim despite comments (D. Me.), 663
– – Retaliation, VA doctor's claim rejected for failure to exhaust EEOC remedies (1st Cir.), 184
– – Time-barred acts were admissible to support timely claim, show pretext, revived (7th Cir.), 402

PUBLIC AND PRIVATE EMPLOYEES (NFOPAPE)

– Racketeering, mail fraud convictions affirmed for former president and secretary (U.S., rev den), 918

PUBLISHING INDUSTRY

– Lebhar-Friedman, ADEA, editor fired at age 62 raises jury issue based on e-mails showing “business reasons” pretext (S.D.N.Y.), 1335

PUERTO RICO

– ERISA preempts state law claim over misrepresentation of eligibility for long-term benefits (1st Cir.), 911
– Whistleblowing, reports to management rather than courts or agencies not protected (1st Cir.), 625

PUNITIVE DAMAGES

– ADA, $100K award upheld over “reprehensible” failure to accommodate deaf package handler (4th Cir.), 151; reckless indifference standard properly applied, award upheld (U.S., rev den), 1349
– Disability bias, resume fraud does not limit punitive, tort damages for hostile environment (N.J.), 773
– Dole Food, $2.5M award dismissed for Nicaraguan field workers alleging soil fumigant caused sterility (Cal. Sup. Ct.), 410
– Due process, religious bias jury verdict upheld but punitive damages nine times compensatory award excessive, reduced (E.D. Cal.), 1086
– Restrictive covenants, ex-employee's noncompete liability affirmed, but $43M in damages insupportable, new trial ordered (U.S., rev den), 138
– Sex bias, retaliation, bank executive properly won verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210